Certain Access Control Systems and Components Thereof; Notice of the Commission's Final Determination Finding a Violation of Section 337; Issuance of Limited Exclusion Order and Cease and Desist Orders; Termination of the Investigation, 13517-13519 [2018-06293]
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sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices
Acecom, Inc.—San Antonio d/b/a
InkSell.com, 4212 Thousand Oaks
Drive, San Antonio, Texas 78217
ACM Technologies, Inc., 2535 Research
Drive, Corona, California 92882
Arlington Industries, Inc., 1616 S.
Lakeside Drive, Waukegan, Illinois
60085
Bluedog Distribution Inc., 450 North
Park Road, Suite 810, Hollywood,
Florida 33021
Do It Wiser LLC d/b/a Image Toner,
4255 Trotters Way #8A, Alpharetta,
Georgia 30004
EIS Office Solutions, Inc., 314 Garden
Oaks Boulevard, Houston, Texas
77018–5502
eReplacements, LLC, 600 E. Dallas
Road, Suite 200, Grapevine, Texas
76051
Frontier Imaging Inc., 1250 W Artesia
Boulevard, Compton, California 90220
Garvey’s Office Products, Inc., 7500 N.
Caldwell Avenue, Niles, Illinois
60714–3808
Global Cartridges, 918 Chula Vista Ave.,
Suite #3, Burlingame, California
94010
GPC Trading Co., Limited d/b/a GPC
Image, Room 1103, Hang Seng
Mongkok Building, 677 Nathan Road,
Kowloon, Hong Kong
Hong Kong BoZe Co., Limited d/b/a
Greensky, Flat/Rm A 27/F, Billion
Plaza 2, 10 Cheung Yee Street, Lai Chi
Kok, KL Hong Kong
Master Print Supplies, Inc. d/b/a HQ
Products, 802 Burlway Road,
Burlingame, California 94010
i8 International, Inc. d/b/a
Ink4Work.com, 19961 Harrison
Avenue, City of Industry, California
91789
Ink Technologies Printer Supplies, LLC,
7600 McEwen Road, Dayton, Ohio
45459
LD Products, Inc., 3700 Cover Street,
Long Beach, California 90808
Linkyo Corp. d/b/a
SuperMediaStore.com, 629 South
Sixth Avenue, La Puente, California
91746
CLT Computers, Inc. d/b/a Multiwave
and MWave, 20153 Paseo Del Prado,
Walnut, California 91789
Imaging Supplies Investors, LLC d/b/a,
SuppliesOutlet.com,
SuppliesWholesalers.com, and,
OnlineTechStores.com, 5440 Reno
Corporate Drive, Reno, Nevada 89511
Online Tech Stores, LLC d/b/a,
SuppliesOutlet.com,
SuppliesWholesalers.com, and
OnlineTechStores.com, 190 Monroe
Avenue, Suite 600, Grand Rapids,
Michigan 49503–2628
Kuhlmann Enterprises, Inc. d/b/a
Precision Roller, 2102 W. Quail
Avenue, Suite 1, Phoenix, Arizona
85027
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19:09 Mar 28, 2018
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Print After Print, Inc. d/b/a
OutOfToner.com, 2640 E. Rose
Garden Lane, Phoenix, Arizona 85050
Fairland, LLC d/b/a ProPrint, 155 N.
Riverview Drive, Suite 100, Anaheim
Hills, California 92808
Reliable Imaging Computer Products,
Inc., 9659 Balboa Boulevard,
Northridge, California 91325
Apex Excel Limited d/b/a ShopAt247,
19223 Colima Road, Unit 943,
Rowland Heights, California 91748
The Supplies Guys, LLC, 590
Centerville Road #388, Lancaster,
Pennsylvania 17601
Billiontree Technology USA Inc. d/b/a
Toner Kingdom, 19945 Harrison
Avenue, City of Industry, California
91789
FTrade Inc. d/b/a ValueToner, 1324
Forest Avenue, Suite 406, Staten
Island, New York 10302
V4INK, Inc., 2760 E Philadelphia Street,
Ontario, California 91761
World Class Ink Supply, Inc., 47 Cooper
Street, Rear Suite, Woodbury, New
Jersey 08096
9010–8077 Quebec Inc. d/b/a Zeetoner,
6 Rue Finch, Dollard-Des-Ormeaux,
Quebec, Canada H9A 3G9
Zinyaw LLC d/b/a TonerPirate.com and
Supply District, 1321 Upland Drive
#1359, Houston, Texas 77043
(c) The Office of Unfair Import
Investigations, U.S. International Trade
Commission, 500 E Street SW, Suite
401, Washington, DC 20436; and
(3) For the investigation so instituted,
the Chief Administrative Law Judge,
U.S. International Trade Commission,
shall designate the presiding
Administrative Law Judge.
Responses to the complaint and the
notice of investigation must be
submitted by the named respondents in
accordance with section 210.13 of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.13. Pursuant to
19 CFR 201.16(e) and 210.13(a), such
responses will be considered by the
Commission if received not later than 20
days after the date of service by the
Commission of the complaint and the
notice of investigation. Extensions of
time for submitting responses to the
complaint and the notice of
investigation will not be granted unless
good cause therefor is shown.
Failure of a respondent to file a timely
response to each allegation in the
complaint and in this notice may be
deemed to constitute a waiver of the
right to appear and contest the
allegations of the complaint and this
notice, and to authorize the
administrative law judge and the
Commission, without further notice to
the respondent, to find the facts to be as
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13517
alleged in the complaint and this notice
and to enter an initial determination
and a final determination containing
such findings, and may result in the
issuance of an exclusion order or a cease
and desist order or both directed against
the respondent.
By order of the Commission.
Issued: March 26, 2018.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2018–06378 Filed 3–28–18; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1016]
Certain Access Control Systems and
Components Thereof; Notice of the
Commission’s Final Determination
Finding a Violation of Section 337;
Issuance of Limited Exclusion Order
and Cease and Desist Orders;
Termination of the Investigation
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has found a violation of
section 337 in this investigation and has
issued a limited exclusion order
prohibiting importation of infringing
access control systems and components
thereof and issued cease and desist
orders directed to the following
respondents: Techtronic Industries
Company Ltd. of Tsuen Wan, Hong
Kong (‘‘TTi HK’’); Techtronic Industries
North America Inc. of Hunt Valley,
Maryland (‘‘TTi NA’’); One World
Technologies, Inc. of Anderson, South
Carolina (‘‘One World’’); and OWT
Industries, Inc. of Pickens, South
Carolina (‘‘OWT’’). The investigation is
terminated.
FOR FURTHER INFORMATION CONTACT:
Panyin A. Hughes, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street SW,
Washington, DC 20436, telephone 202–
205–3042. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street SW, Washington, DC 20436,
telephone 202–205–2000. General
information concerning the Commission
may also be obtained by accessing its
internet server (https://www.usitc.gov).
The public record for this investigation
SUMMARY:
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Federal Register / Vol. 83, No. 61 / Thursday, March 29, 2018 / Notices
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted this investigation
on August 9, 2016, based on a complaint
filed by The Chamberlain Group, Inc. of
Elmhurst, Illinois (‘‘Chamberlain’’ or
‘‘CGI’’). 81 FR 52713 (Aug. 9, 2016). The
complaint alleges violations of section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), in the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain access control systems and
components thereof by reason of
infringement of one or more of claims 1,
10–12, and 18–25 of U.S. Patent No.
7,196,611 (‘‘the ’611 patent’’); claims 1–
4, 7–12, 15, and 16 of the ’319 patent;
and claims 7, 11–13, 15–23, and 34–36
of the ’336 patent. Id. The notice of
investigation named the following
respondents: TTi HK; TTi NA; One
World; OWT; ET Technology (Wuxi)
Co., Ltd. of Zhejiang, China
(collectively, ‘‘Respondents’’); and
Ryobi Technologies Inc. of Anderson,
South Carolina (‘‘Ryobi’’). Id. The Office
of Unfair Import Investigations is not a
party to the investigation.
On October 27, 2016, the Commission
determined not to review the ALJ’s
order (Order No. 4) granting a motion to
amend the Notice of Investigation to
include the following two additional
respondents: Techtronic Trading
Limited of Kwai Chung, Hong Kong; and
Techtronic Industries Factory Outlets
Inc., d/b/a Direct Tools Factory Outlet of
Anderson, South Carolina (collectively,
‘‘Techtronic’’). See Order No. 4,
Comm’n Notice of Non-Review (Oct. 27,
2016).
On November 7, 2016, the
Commission determined not to review
the ALJ’s order (Order No. 6)
terminating the investigation as to
Ryobi. See Order No. 6, Comm’n Notice
of Non-Review (Nov. 7, 2016).
On March 15, 2017, the Commission
determined not to review the ALJ’s
order (Order No. 15) granting a motion
to terminate the investigation as to
Techtronic. Order No. 15, Comm’n
Notice of Non-Review (Mar. 15, 2017).
On March 20, 2017, the Commission
determined not to review the ALJ’s
order (Order No. 18) granting a motion
to terminate the investigation as to
claims 10, 19–20, and 22 of the ’611
patent and claims 7, 11–13, 15–18, 35,
and 36 of the ’336 patent. Order No. 18;
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Comm’n Notice of Non-Review (Mar. 20,
2017).
On March 27, 2017, the ALJ issued
Order No. 23 granting Respondents’
motion for summary determination of
non-infringement of the asserted claims
of the ’319 patent, stemming from the
ALJ’s construction of the claim term
‘‘wall console’’ to mean ‘‘a wallmounted control unit including a
passive infrared detector.’’ See Order
No. 13 (Markman Order at 80).
The ALJ held an evidentiary hearing
from May 1, 2017 through May 3, 2017,
on issues solely relating to the ’336
patent.
On May 3, the Commission
determined to review Order No. 23 that
granted Respondents’ motion for
summary determination of noninfringement of the ’319 patent. On
review, the Commission determined to
construe ‘‘wall console’’ as a ‘‘wallmounted control unit,’’ vacated Order
No. 23, and remanded the investigation
as to the ’319 patent to the ALJ for
further proceedings. See Comm’n Op.
(May 5, 2017) at 1–2.
On May 31, 2017, the Commission
determined not to review the ALJ’s
order (Order No. 28) granting a motion
to terminate the investigation as to all of
the pending claims of the ’611 patent.
Order No. 28; Comm’n Notice of NonReview (May 31, 2017).
The ALJ held a second evidentiary
hearing from July 12, 2017, through July
13, 2017, on issues relating to the ’319
patent.
On November 9, 2017, the
Commission determined not to review
the ALJ’s order (Order No. 36) granting
a motion to terminate the investigation
as to certain accused products and
claims 19–23 of the ’336 patent. Order
No. 36; Comm’n Notice of Non-Review
(Nov. 9, 2017).
On October 23, 2017, the ALJ issued
his final ID, finding a violation of
section 337 by Respondents in
connection with claims 1–4, 7–12, 15,
and 16 of the ’319 patent. Specifically,
the ALJ found that the Commission has
subject matter jurisdiction, in rem
jurisdiction over the accused products,
and in personam jurisdiction over
Respondents. ID at 24–26. The ALJ also
found that Chamberlain satisfied the
importation requirement of section 337
(19 U.S.C. 1337(a)(1)(B)). Id. The ALJ
further found that the accused products
directly infringe asserted claims 1–4, 7–
12, 15, and 16 of the ’319 patent, and
that Respondents induce infringement
of those claims. See ID at 130–141, 144.
The ALJ also found that Respondents
failed to establish that the asserted
claims of the ’319 patent are invalid for
obviousness. ID at 151–212. With
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respect to the ’336 patent, the ALJ found
that Respondents do not directly or
indirectly infringe asserted claim 34 and
that claim 34 is not invalid as obvious.
ID at 72–74, 105–119. The ALJ further
found that claims 15, 19, and 34 of the
’336 patent are invalid under 35 U.S.C.
101 for reciting unpatentable subject
matter and that claim 15 is invalid for
anticipation but that claims 12, 14, and
19 have not been shown invalid for
anticipation. ID at 74–103. Finally, the
ALJ found that Chamberlain established
the existence of a domestic industry that
practices the asserted patents under 19
U.S.C. 1337(a)(2). See ID at 257–261,
288–294.
Also on October 23, 2017, the ALJ
issued his recommended determination
on remedy and bonding. Recommended
Determination on Remedy and Bonding
(‘‘RD’’). The ALJ recommends that in the
event the Commission finds a violation
of section 337, the Commission should
issue a limited exclusion order
prohibiting the importation of
Respondents’ accused products and
components thereof that infringe the
asserted claims of the ’319 patent. RD at
2. The ALJ also recommends issuance of
cease and desist orders against
respondents Techtronic Industries
Company Ltd., Techtronic Industries
North America Inc., One World
Technologies, Inc., and OWT Industries,
Inc. based on the presence of
commercially significant inventory in
the United States. RD at 5. With respect
to the amount of bond that should be
posted during the period of Presidential
review, the ALJ recommends that the
Commission set a bond in the amount
of zero (i.e., no bond) during the period
of Presidential review. RD at 6–7.
On November 6, 2017, Respondents
filed a petition for review as to the ’319
patent and a contingent petition for
review as to the ’336 patent. See
Respondents’ Petition for Review. Also
on November 6, 2017, Chamberlain filed
a petition for review of the ID, primarily
challenging the ALJ’s findings of no
violation of section 337 as it pertains to
the ’336 patent. See Complainant’s
Petition for Review of Initial
Determination on Violation of Section
337.
On November 14, 2017, Chamberlain
and Respondents filed their respective
responses to the petitions for review.
See Complainant’s Response to
Respondents’ Petition for Review of
Initial Determination on Violation of
Section 337; Respondents’ Response to
Complainant’s Petition for Review.
On December 22, 2017, the
Commission determined to review the
final ID in part. 82 FR 61792–94 (Dec.
29, 2017). Specifically, for the ’319
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patent the Commission determined to
review (1) the ID’s finding that a
combination of prior art references
Doppelt, Jacobs, and Gilbert fail to
render the asserted claims obvious; and
(2) the ID’s finding that a combination
of prior art references Matsuoka,
Doppelt, and Eckel fail to render the
asserted claims obvious. For the ’336
patent the Commission determined to
review (1) the ID’s finding that claim 34
recites ineligible patent subject matter
under 35 U.S.C. 101; and (2) the ID’s
finding that Pruessel, either alone or in
combination with Koestler, fails to
render claim 34 obvious. The
Commission requested the parties to
brief certain issues. Id. On January 5,
2018, the parties filed submissions to
the Commission’s question and on
remedy, the public interest, and
bonding. See Complainant’s Response to
Request for Written Submissions
Regarding Issues Under Review;
Respondents’ Response to Request for
Written Submissions Regarding Issues
Under Review. On January 12, 2018, the
parties filed reply submissions. See
Complainant’s Reply to Respondents’
Submission Addressing the
Commission’s December 22, 2017
Notice; Respondents’ Reply to
Complainant’s Submission Regarding
Issues Under Review.
Having examined the record of this
investigation, including the final ID, and
the parties’ submissions, for the ’319
patent the Commission has determined
to (1) affirm the ALJ’s finding that a
combination of prior art references
Doppelt, Jacobs, and Gilbert fail to
render the asserted claims obvious and
(2) affirm the ALJ’s finding that a
combination of prior art references
Matsuoka, Doppelt, and Eckel fail to
render the asserted claims obvious, but
reverse the ALJ’s finding that Eckel is
analogous art. For the ’336 patent the
Commission has determined to (1)
affirm the ALJ’s finding that Pruessel,
either alone or in combination with
Koestler, fails to render claim 34
obvious and (2) take no position on the
ALJ’s finding that claim 34 recites
ineligible patent subject matter under 35
U.S.C. 101. The Commission adopts the
ID’s findings to the extent they are not
inconsistent with the Commission
opinion issued herewith.
Having found a violation of section
337 in this investigation, the
Commission has determined that the
appropriate form of relief is: (1) A
limited exclusion order prohibiting the
unlicensed entry of access control
systems and components thereof that
infringe one or more of claims 1–4, 7–
12, 15, and 16 of the ’319 patent that are
manufactured by, or on behalf of, or are
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imported by or on behalf of
Respondents or any of their affiliated
companies, parents, subsidiaries, agents,
or other related business entities, or
their successors or assigns, are excluded
from entry for consumption into the
United States, entry for consumption
from a foreign-trade zone, or withdrawal
from a warehouse for consumption, for
the remaining term of the ’319 patent
except under license of the patent
owner or as provided by law; and (2)
cease and desist orders prohibiting TTi
HK, TTi NA, One World, and OWT from
conducting any of the following
activities in the United States:
Importing, selling, marketing,
advertising, distributing, transferring
(except for exportation), and soliciting
U.S. agents or distributors for, access
control systems and components thereof
covered by one or more of claims 1–4,
7–12, 15, and 16 of the ’319 patent.
The Commission has also determined
that the public interest factors
enumerated in section 337(d) and (f) (19
U.S.C. 1337(d) and (f)) do not preclude
issuance of the limited exclusion order
or cease and desist orders. Finally, the
Commission has determined that a bond
in the amount of zero is required to
permit temporary importation during
the period of Presidential review (19
U.S.C. 1337(j)) of access control system
and components thereof that are subject
to the remedial orders. The
Commission’s orders and opinion were
delivered to the President and to the
United States Trade Representative on
the day of their issuance.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended (19 U.S.C. 1337), and in Part
210 of the Commission’s Rules of
Practice and Procedure (19 CFR part
210).
By order of the Commission.
Issued: March 23, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018–06293 Filed 3–28–18; 8:45 am]
BILLING CODE 7020–02–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Bulk Manufacturer of Controlled
Substances Application: Chattem
Chemicals, Inc.
ACTION:
Notice; Correction.
The Drug Enforcement
Administration (DEA) published a
SUMMARY:
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document in the Federal Register on
February 6, 2018, concerning a notice of
application that inadvertently did not
include the controlled substance
levorphanol (9220).
Correction
In the Federal Register on February 6,
2018, in FR Doc No: 2018–02343 (83 FR
5274), correct the table to include the
following basic class of controlled
substance:
Controlled
substance
Levorphanol ............
Drug code
9220
Schedule
II
Dated: March 15, 2018.
Susan A. Gibson,
Deputy Assistant Administrator.
[FR Doc. 2018–06327 Filed 3–28–18; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
[Docket No. DEA–392]
Importer of Controlled Substances
Application: Fisher Clinical Services,
Inc.
ACTION:
Notice of application.
Registered bulk manufacturers of
the affected basic classes and applicants
therefore, may file written comments on
or objections to the issuance of the
proposed registration on or before April
30, 2018. Such persons may also file a
written request for a hearing on the
application on or before April 30, 2018.
ADDRESSES: Written comments should
be sent to: Drug Enforcement
Administration, Attention: DEA Federal
Register Representative/DRW, 8701
Morrissette Drive, Springfield, Virginia
22152. All requests for hearing must be
sent to: Drug Enforcement
Administration, Attn: Administrator,
8701 Morrissette Drive, Springfield,
Virginia 22152. All requests for hearing
should also be sent to: (1) Drug
Enforcement Administration, Attn:
Hearing Clerk/LJ, 8701 Morrissette
Drive, Springfield, Virginia 22152; and
(2) Drug Enforcement Administration,
Attn: DEA Federal Register
Representative/DRW, 8701 Morrissette
Drive, Springfield, Virginia 22152.
SUPPLEMENTARY INFORMATION:
The Attorney General has delegated
his authority under the Controlled
Substances Act to the Administrator of
the Drug Enforcement Administration
(DEA), 28 CFR 0.100(b). Authority to
exercise all necessary functions with
DATES:
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]]>Agencies
[Federal Register Volume 83, Number 61 (Thursday, March 29, 2018)]
[Notices]
[Pages 13517-13519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06293]
-----------------------------------------------------------------------
INTERNATIONAL TRADE COMMISSION
[Investigation No. 337-TA-1016]
Certain Access Control Systems and Components Thereof; Notice of
the Commission's Final Determination Finding a Violation of Section
337; Issuance of Limited Exclusion Order and Cease and Desist Orders;
Termination of the Investigation
AGENCY: U.S. International Trade Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. International Trade
Commission has found a violation of section 337 in this investigation
and has issued a limited exclusion order prohibiting importation of
infringing access control systems and components thereof and issued
cease and desist orders directed to the following respondents:
Techtronic Industries Company Ltd. of Tsuen Wan, Hong Kong (``TTi
HK''); Techtronic Industries North America Inc. of Hunt Valley,
Maryland (``TTi NA''); One World Technologies, Inc. of Anderson, South
Carolina (``One World''); and OWT Industries, Inc. of Pickens, South
Carolina (``OWT''). The investigation is terminated.
FOR FURTHER INFORMATION CONTACT: Panyin A. Hughes, Office of the
General Counsel, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone 202-205-3042. Copies of non-
confidential documents filed in connection with this investigation are
or will be available for inspection during official business hours
(8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S.
International Trade Commission, 500 E Street SW, Washington, DC 20436,
telephone 202-205-2000. General information concerning the Commission
may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation
[[Page 13518]]
may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information
on this matter can be obtained by contacting the Commission's TDD
terminal on 202-205-1810.
SUPPLEMENTARY INFORMATION: The Commission instituted this investigation
on August 9, 2016, based on a complaint filed by The Chamberlain Group,
Inc. of Elmhurst, Illinois (``Chamberlain'' or ``CGI''). 81 FR 52713
(Aug. 9, 2016). The complaint alleges violations of section 337 of the
Tariff Act of 1930, as amended (19 U.S.C. 1337), in the importation
into the United States, the sale for importation, and the sale within
the United States after importation of certain access control systems
and components thereof by reason of infringement of one or more of
claims 1, 10-12, and 18-25 of U.S. Patent No. 7,196,611 (``the '611
patent''); claims 1-4, 7-12, 15, and 16 of the '319 patent; and claims
7, 11-13, 15-23, and 34-36 of the '336 patent. Id. The notice of
investigation named the following respondents: TTi HK; TTi NA; One
World; OWT; ET Technology (Wuxi) Co., Ltd. of Zhejiang, China
(collectively, ``Respondents''); and Ryobi Technologies Inc. of
Anderson, South Carolina (``Ryobi''). Id. The Office of Unfair Import
Investigations is not a party to the investigation.
On October 27, 2016, the Commission determined not to review the
ALJ's order (Order No. 4) granting a motion to amend the Notice of
Investigation to include the following two additional respondents:
Techtronic Trading Limited of Kwai Chung, Hong Kong; and Techtronic
Industries Factory Outlets Inc., d/b/a Direct Tools Factory Outlet of
Anderson, South Carolina (collectively, ``Techtronic''). See Order No.
4, Comm'n Notice of Non-Review (Oct. 27, 2016).
On November 7, 2016, the Commission determined not to review the
ALJ's order (Order No. 6) terminating the investigation as to Ryobi.
See Order No. 6, Comm'n Notice of Non-Review (Nov. 7, 2016).
On March 15, 2017, the Commission determined not to review the
ALJ's order (Order No. 15) granting a motion to terminate the
investigation as to Techtronic. Order No. 15, Comm'n Notice of Non-
Review (Mar. 15, 2017).
On March 20, 2017, the Commission determined not to review the
ALJ's order (Order No. 18) granting a motion to terminate the
investigation as to claims 10, 19-20, and 22 of the '611 patent and
claims 7, 11-13, 15-18, 35, and 36 of the '336 patent. Order No. 18;
Comm'n Notice of Non-Review (Mar. 20, 2017).
On March 27, 2017, the ALJ issued Order No. 23 granting
Respondents' motion for summary determination of non-infringement of
the asserted claims of the '319 patent, stemming from the ALJ's
construction of the claim term ``wall console'' to mean ``a wall-
mounted control unit including a passive infrared detector.'' See Order
No. 13 (Markman Order at 80).
The ALJ held an evidentiary hearing from May 1, 2017 through May 3,
2017, on issues solely relating to the '336 patent.
On May 3, the Commission determined to review Order No. 23 that
granted Respondents' motion for summary determination of non-
infringement of the '319 patent. On review, the Commission determined
to construe ``wall console'' as a ``wall-mounted control unit,''
vacated Order No. 23, and remanded the investigation as to the '319
patent to the ALJ for further proceedings. See Comm'n Op. (May 5, 2017)
at 1-2.
On May 31, 2017, the Commission determined not to review the ALJ's
order (Order No. 28) granting a motion to terminate the investigation
as to all of the pending claims of the '611 patent. Order No. 28;
Comm'n Notice of Non-Review (May 31, 2017).
The ALJ held a second evidentiary hearing from July 12, 2017,
through July 13, 2017, on issues relating to the '319 patent.
On November 9, 2017, the Commission determined not to review the
ALJ's order (Order No. 36) granting a motion to terminate the
investigation as to certain accused products and claims 19-23 of the
'336 patent. Order No. 36; Comm'n Notice of Non-Review (Nov. 9, 2017).
On October 23, 2017, the ALJ issued his final ID, finding a
violation of section 337 by Respondents in connection with claims 1-4,
7-12, 15, and 16 of the '319 patent. Specifically, the ALJ found that
the Commission has subject matter jurisdiction, in rem jurisdiction
over the accused products, and in personam jurisdiction over
Respondents. ID at 24-26. The ALJ also found that Chamberlain satisfied
the importation requirement of section 337 (19 U.S.C. 1337(a)(1)(B)).
Id. The ALJ further found that the accused products directly infringe
asserted claims 1-4, 7-12, 15, and 16 of the '319 patent, and that
Respondents induce infringement of those claims. See ID at 130-141,
144. The ALJ also found that Respondents failed to establish that the
asserted claims of the '319 patent are invalid for obviousness. ID at
151-212. With respect to the '336 patent, the ALJ found that
Respondents do not directly or indirectly infringe asserted claim 34
and that claim 34 is not invalid as obvious. ID at 72-74, 105-119. The
ALJ further found that claims 15, 19, and 34 of the '336 patent are
invalid under 35 U.S.C. 101 for reciting unpatentable subject matter
and that claim 15 is invalid for anticipation but that claims 12, 14,
and 19 have not been shown invalid for anticipation. ID at 74-103.
Finally, the ALJ found that Chamberlain established the existence of a
domestic industry that practices the asserted patents under 19 U.S.C.
1337(a)(2). See ID at 257-261, 288-294.
Also on October 23, 2017, the ALJ issued his recommended
determination on remedy and bonding. Recommended Determination on
Remedy and Bonding (``RD''). The ALJ recommends that in the event the
Commission finds a violation of section 337, the Commission should
issue a limited exclusion order prohibiting the importation of
Respondents' accused products and components thereof that infringe the
asserted claims of the '319 patent. RD at 2. The ALJ also recommends
issuance of cease and desist orders against respondents Techtronic
Industries Company Ltd., Techtronic Industries North America Inc., One
World Technologies, Inc., and OWT Industries, Inc. based on the
presence of commercially significant inventory in the United States. RD
at 5. With respect to the amount of bond that should be posted during
the period of Presidential review, the ALJ recommends that the
Commission set a bond in the amount of zero (i.e., no bond) during the
period of Presidential review. RD at 6-7.
On November 6, 2017, Respondents filed a petition for review as to
the '319 patent and a contingent petition for review as to the '336
patent. See Respondents' Petition for Review. Also on November 6, 2017,
Chamberlain filed a petition for review of the ID, primarily
challenging the ALJ's findings of no violation of section 337 as it
pertains to the '336 patent. See Complainant's Petition for Review of
Initial Determination on Violation of Section 337.
On November 14, 2017, Chamberlain and Respondents filed their
respective responses to the petitions for review. See Complainant's
Response to Respondents' Petition for Review of Initial Determination
on Violation of Section 337; Respondents' Response to Complainant's
Petition for Review.
On December 22, 2017, the Commission determined to review the final
ID in part. 82 FR 61792-94 (Dec. 29, 2017). Specifically, for the '319
[[Page 13519]]
patent the Commission determined to review (1) the ID's finding that a
combination of prior art references Doppelt, Jacobs, and Gilbert fail
to render the asserted claims obvious; and (2) the ID's finding that a
combination of prior art references Matsuoka, Doppelt, and Eckel fail
to render the asserted claims obvious. For the '336 patent the
Commission determined to review (1) the ID's finding that claim 34
recites ineligible patent subject matter under 35 U.S.C. 101; and (2)
the ID's finding that Pruessel, either alone or in combination with
Koestler, fails to render claim 34 obvious. The Commission requested
the parties to brief certain issues. Id. On January 5, 2018, the
parties filed submissions to the Commission's question and on remedy,
the public interest, and bonding. See Complainant's Response to Request
for Written Submissions Regarding Issues Under Review; Respondents'
Response to Request for Written Submissions Regarding Issues Under
Review. On January 12, 2018, the parties filed reply submissions. See
Complainant's Reply to Respondents' Submission Addressing the
Commission's December 22, 2017 Notice; Respondents' Reply to
Complainant's Submission Regarding Issues Under Review.
Having examined the record of this investigation, including the
final ID, and the parties' submissions, for the '319 patent the
Commission has determined to (1) affirm the ALJ's finding that a
combination of prior art references Doppelt, Jacobs, and Gilbert fail
to render the asserted claims obvious and (2) affirm the ALJ's finding
that a combination of prior art references Matsuoka, Doppelt, and Eckel
fail to render the asserted claims obvious, but reverse the ALJ's
finding that Eckel is analogous art. For the '336 patent the Commission
has determined to (1) affirm the ALJ's finding that Pruessel, either
alone or in combination with Koestler, fails to render claim 34 obvious
and (2) take no position on the ALJ's finding that claim 34 recites
ineligible patent subject matter under 35 U.S.C. 101. The Commission
adopts the ID's findings to the extent they are not inconsistent with
the Commission opinion issued herewith.
Having found a violation of section 337 in this investigation, the
Commission has determined that the appropriate form of relief is: (1) A
limited exclusion order prohibiting the unlicensed entry of access
control systems and components thereof that infringe one or more of
claims 1-4, 7-12, 15, and 16 of the '319 patent that are manufactured
by, or on behalf of, or are imported by or on behalf of Respondents or
any of their affiliated companies, parents, subsidiaries, agents, or
other related business entities, or their successors or assigns, are
excluded from entry for consumption into the United States, entry for
consumption from a foreign-trade zone, or withdrawal from a warehouse
for consumption, for the remaining term of the '319 patent except under
license of the patent owner or as provided by law; and (2) cease and
desist orders prohibiting TTi HK, TTi NA, One World, and OWT from
conducting any of the following activities in the United States:
Importing, selling, marketing, advertising, distributing, transferring
(except for exportation), and soliciting U.S. agents or distributors
for, access control systems and components thereof covered by one or
more of claims 1-4, 7-12, 15, and 16 of the '319 patent.
The Commission has also determined that the public interest factors
enumerated in section 337(d) and (f) (19 U.S.C. 1337(d) and (f)) do not
preclude issuance of the limited exclusion order or cease and desist
orders. Finally, the Commission has determined that a bond in the
amount of zero is required to permit temporary importation during the
period of Presidential review (19 U.S.C. 1337(j)) of access control
system and components thereof that are subject to the remedial orders.
The Commission's orders and opinion were delivered to the President and
to the United States Trade Representative on the day of their issuance.
The authority for the Commission's determination is contained in
section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and
in Part 210 of the Commission's Rules of Practice and Procedure (19 CFR
part 210).
By order of the Commission.
Issued: March 23, 2018.
Katherine Hiner,
Supervisory Attorney.
[FR Doc. 2018-06293 Filed 3-28-18; 8:45 am]
BILLING CODE 7020-02-P
